§ SECTION 72 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Comparison of signature, writing or seal with others admitted or proved

A practical way to prove authorship. A disputed signature, writing or seal may be compared with a genuine specimen; the Court may direct a person to write a fresh sample; and the same applies to finger impressions.

How to read Section 72

Set the disputed mark against a genuine one.

(1) Compare

A disputed mark against a genuine specimen — even one produced just for this.

(2) Direct writing

The Court may make a person present write a fresh sample.

(3) Fingerprints

The same method applies to finger impressions.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 72 · verbatim

(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.

(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

(3) This section applies also, with any necessary modifications, to finger impressions.

In short: handwriting and marks can be proved by comparison. Sub-section (1) lets the Court set a disputed signature, writing or seal beside a genuine specimen — one admitted or proved to be that person’s — and this holds even if the specimen was produced only for the comparison. Sub-section (2) arms the Court with a power to generate a specimen: it may direct any person present in court to write words or figures, to compare with writing alleged to be his. Sub-section (3) extends the whole mechanism, with necessary modifications, to finger impressions.

→ This carries forward IEA 1872 § 73 — comparison of signature, writing or seal (and finger impressions).

Glossary

comparison

Setting a disputed mark against a genuine one to judge authorship.

specimen

A sample signature / writing / print used as the yardstick.

admitted or proved

The specimen must be reliably genuine — accepted or proved to be that person’s.

seal

An official or personal mark — also comparable under this section.

direct to write

The Court’s power to make a person present produce a fresh sample.

finger impressions

Fingerprints — compared by the same method (sub-section 3).

The picture

Compare — and, if need be, generate the specimen.

The section, part by part

Three sub-sections — tap each. Every part is shown in its own words with a plain meaning.

(1) Compare(2) Direct to write(3) Fingerprints

sub-section (1)Compare the disputed with the genuine

In one lineTo decide whose a signature, writing or seal is, the Court may compare it with a genuine specimen — one admitted or proved to be that person’s — even a specimen produced only for the comparison.

(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made,to test whose signature / writing / sealto decide whose a disputed signature, writing or seal really is…

any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved,compare with a GENUINE specimen…a genuine specimen (one admitted or proved to be that person’s) may be compared with the disputed one…

although that signature, writing or seal has not been produced or proved for any other purpose.even if brought in only for this…even if the specimen was brought in only for this comparison and nothing else.

ExampleTo decide whether a disputed cheque signature is the defendant’s, the Court compares it with signatures already admitted or proved to be his — even one written only to serve as a yardstick.

✗ Not thisThe specimen must itself be admitted or proved genuine. You cannot compare a disputed signature with another unproven one — the yardstick has to be reliable.

sub-section (2)The Court can make a fresh sample

In one lineThe Court may direct any person present to write words or figures, so it can compare that fresh sample with the writing alleged to be his.

(2) The Court may direct any person present in Court to write any words or figuresCourt may direct a person to WRITEthe Court may order any person present to write words or figures…

for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.to compare with the disputed writing…so it can compare that fresh writing with the writing alleged to be his.

ExampleThe Court asks the accused to write a sentence in the box, then compares that specimen with the ransom note said to be in his hand.

✗ Not thisBeing made to write is a comparison aid, not a confession — it admits nothing. And the power reaches only persons present in Court.

sub-section (3)The same, for finger impressions

In one lineThe whole section applies, with any necessary modifications, to finger impressions — a disputed print may be compared with a genuine one.

(3) This section applies also, with any necessary modifications, to finger impressions.applies to FINGER IMPRESSIONS toothe same method applies, with any needed changes, to finger impressions.

ExampleA disputed thumb impression on a deed is compared with the person’s admitted thumb impressions — and the Court may take a fresh impression for the comparison.

✗ Not thisNothing extra is introduced — sub-section (3) simply extends the same comparison method (and the Court’s power to obtain a specimen) to fingerprints.

Connected provisions

§ 65

IEA 1872, § 73

Carried forward — comparison of signature, writing or seal.

Bharatiya Sakshya Adhiniyam, 2023 — Section 72: Comparison of signature, writing or seal with others admitted or proved